Minnesota Affidavit of Identity and Survivorship for Transfer on Death Deed Minn. Stat. 507.071
Definition and meaning
The Minnesota Affidavit of Identity and Survivorship for Transfer on Death Deed is a legal document used to assert the identity of a decedent and confirm the survivorship of beneficiaries for property designated to transfer upon death, per Minn. Stat. 507.071. This affidavit allows individuals to establish their claims over the property of a deceased person without the need for probate, ensuring a smoother transition of ownership to living beneficiaries.
How to complete a form
Completing the Minnesota Affidavit of Identity and Survivorship requires several steps:
- Provide your name and the name of the decedent, confirming the relationship.
- Include the date of the decedent's death and attach a certified copy of the Certificate of Death.
- List the property details, ensuring accurate legal descriptions are provided.
- Identify the grantee beneficiaries who survived the decedent and those who did not.
- Attach any necessary clearance certificates as required.
Ensure all information is filled out completely and accurately to avoid complications.
Who should use this form
This affidavit is suitable for beneficiaries or heirs of a deceased property owner in Minnesota who are seeking to claim property through a transfer on death deed. It is particularly useful for those who wish to avoid the probate process and ensure a direct transfer of property ownership to surviving relatives or designated beneficiaries.
Key components of the form
The main components of the Minnesota Affidavit of Identity and Survivorship include:
- Affiant Information: The person completing the form.
- Decedent Information: Details about the deceased, including their name and death certificate.
- Property Description: A legal description of the real property in question.
- Beneficiary Information: Names of beneficiaries who survived and those who did not survive the decedent.
- Notary Section: Area for a notarial officer's signature and stamp, confirming the affidavit's legitimacy.
Common mistakes to avoid when using this form
When filling out the Minnesota Affidavit of Identity and Survivorship, be mindful of the following common errors:
- Failing to provide a certified copy of the Certificate of Death.
- Missing out on listing all beneficiaries accurately.
- Not including a legal description of the property or providing incorrect information.
- Skipping the notary section, which is essential for validation.
Double-checking each section can prevent delays in the processing of the affidavit.
What documents you may need alongside this one
In addition to the completed affidavit, you may need:
- A certified copy of the decedent’s Certificate of Death.
- Clearance Certificate, if applicable, per Minn. Stat. 507.071.
- Any original transfer on death deed documents pertaining to the property.
Having these documents prepared in advance can help streamline the process.
What to expect during notarization or witnessing
When notarizing the Minnesota Affidavit of Identity and Survivorship:
- The affiant must be present and have valid identification.
- The notary will confirm the identity and willingness of the affiant to sign.
- Once signed, the notary will complete their section, providing a stamp or seal.
This process adds a layer of verification, ensuring the affidavit is legally binding.
Form popularity
FAQ
Yes, Minnesota has a law that lets you transfer the title to real estate when you die to avoid probate. It is an estate planning tool called a Transfer on Death Deed (TODD). It is like the "payable on death" (POD) designation on a bank account.They have no rights or control of the property until the owner dies.
Fill in information about you and the TOD beneficiary. write a description of the property. check over the completed deed. sign the deed and have it notarized. record the deed at the recorder's office in the county where the property is located.
A transfer on death deed (TOD) lets a property owner pass land or real estate to a designated beneficiary outside of the probate process. A transfer on death deed can be a helpful estate planning tool but it is not permitted in every state.
States that allow TOD deeds are Alaska, Arizona, Arkansas, California, Colorado, District of Columbia, Hawaii, Illinois, Indiana, Kansas, Maine, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Mexico, North Dakota, Ohio, Oklahoma, Oregon, South Dakota, Texas, Utah, Virginia, Washington, West Virginia,
A TOD designation supersedes a will. For bank accounts, you can set up a similar account known as payable-on-death, sometimes referred to as a Totten trust. Your beneficiaries can't touch the account while you're alive, and you're free to change beneficiaries or close the accounts at any time.
A transfer on death deed allows you to retain full ownership during your lifetime and conveys your full interest to the Grantee upon your death.Ultimately, the decision between a life estate and transfer on death deed is dependent on why you want to transfer the property.
If you'd like to avoid having your property going through the probate process, it's a good idea to look into a transfer on death deed. A transfer on death deed allows you to select a beneficiary who will receive your property, but only when you've passed away.
Fill in information about you and the TOD beneficiary. write a description of the property. check over the completed deed. sign the deed and have it notarized. record the deed at the recorder's office in the county where the property is located.